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Lee County, FL Public Conduct: Outdoor Smoking Restrictions (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Where banned
Public parks, public beaches, school property
1st offense fine
$100.00
2nd offense fine
$300.00
3rd+ offense fine
$500.00
Exempt
Unfiltered cigars
Adopted
Ord. No. 25-14, 2025

Summary

Lee County bans smoking and vaping inside every public park and public beach it operates, plus on school property, under Sec. 20-28(b). The rule, adopted in 2025, defines both 'smoke' and 'vape' broadly, exempts unfiltered cigars, and carries escalating fines of $100.00, $300.00 and $500.00 for a first, second and third or later violation under the parks fine schedule.

City-specific rules exist: Fort Myers, and Cape Coral have their own outdoor smoking restrictions rules that differ from Lee County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(b)Smoking. Pursuant to F.S. Ch. 386, Florida Clean Indoor Air Act, as amended from time to time, no person shall smoke or vape within the confines of any school property or within the boundaries of any public park or public beach.(1)The term "smoke" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, with the exception of unfiltered cigars.(2)The term "vape" means to inhale or exhale vapor produced by a vapor-generating electronic device or to possess a vapor-generating electronic device while that device is actively employing an electronic, a chemical, or a mechanical means designed to produce vapor or aerosol from a nicotine product or any other substance. The term does not include the mere possession of a vapor-generating electronic device.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 7 | Land Development Code: Supplement 3 Update 3).

Full Breakdown

Sec. 20-28(b), enacted under Ordinance No. S. Ch. 386, at the local level: no person may smoke or vape within the confines of any school property or within the boundaries of any public park or public beach in the county's parks system. The section defines 'smoke' as inhaling, exhaling, burning, carrying or possessing any lighted tobacco product, with an express exception for unfiltered cigars, tracking the State exemption. 'Vape' is defined to mean inhaling or exhaling vapor from a vapor-generating electronic device, or possessing such a device while it is actively producing vapor or aerosol from nicotine or any other substance; mere possession of a non-operating vape device is not covered.

The ban sits among a long list of park conduct rules in Sec. 20-28, which also addresses sleeping, gambling, nudity and alcohol on the same County land, and it is enforced under the schedule of fines in Sec. 00 penalty in Sec. 20-30(a). Lee County's beach and park rangers, not just County Sheriff's deputies, can write citations under this section, and the County adopted the rule in mid-2025 specifically to curb cigarette and vape litter and secondhand exposure on its public beaches.

Violations & Fines

Sec. 20-32's fine schedule lists smoking and vaping violations of Sec. 20-28(b) at $100.00 for a first offense, $300.00 for a second offense and $500.00 for a third or subsequent offense, separate from the article's general civil-infraction penalty in Sec. 20-30(a). Unfiltered cigars are exempt from the smoking definition, so lighting one on the beach is not itself a citable offense under this section.

Frequently Asked Questions

Can I smoke a cigar on a Lee County beach?
An unfiltered cigar is exempt. Sec. 20-28(b)(1) defines 'smoke' to cover any lighted tobacco product except unfiltered cigars, so lighting one on a public beach or in a county park is not itself a violation, though vaping there still is.
How much is the fine for vaping in a Lee County park?
Sec. 20-32's fine schedule sets $100.00 for a first vaping or smoking offense under Sec. 20-28(b), $300.00 for a second, and $500.00 for a third or later offense, separate from the parks article's general $500.00 civil-infraction penalty.
Does the ban apply just to lighting up, or to holding an e-cigarette too?
It reaches both. Sec. 20-28(b)(2) defines 'vape' to include possessing a vapor-generating electronic device while it is actively producing vapor or aerosol, not only the act of inhaling or exhaling it, though merely carrying a powered-off device is not covered.

Sources & Official References

Other rules in Lee County

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